Regulation 205 — Canadian interests — LMIA-exempt work permits
Text of provision
A work permit may be issued under section 200 to a foreign national who intends to perform work that
(a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;
(b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;
(c) is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, namely,
(i) the work is related to a research program,
(i.1) the work is an essential part of a post-secondary academic, vocational or professional training program offered by a designated learning institution as defined in section 211.1,
(i.2) the work is an essential part of a program at the secondary level
(ii) limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada’s academic institutions or economy; or
(d) is of a religious or charitable nature.
Plain English
Regulation 205 allows work permits to be issued without an LMIA where the work is in the Canadian or broader interest. Major categories under r 205 include:
- r 205(a) — Significant benefit: intra-company transferees, persons of extraordinary ability, and others whose work provides significant benefit to Canada;
- r 205(b) — Reciprocal employment: where Canadians benefit from reciprocal opportunities abroad (e.g., International Experience Canada — Working Holiday);
- r 205(c) — Canadian interests broadly: post-graduation work permit holders (International Mobility Program).
Practical effect
The International Mobility Program (IMP) is the umbrella program for LMIA-exempt work permits under rr 204 and 205. Applications are made by the employer through the Employer Portal (with an Offer of Employment), and the foreign national applies for the work permit separately through IRCC.
Post-Graduation Work Permits (PGWP) under r 205(c)(ii) are the most common LMIA-exempt work permit. They are available to international students who have completed a program of at least 8 months at a designated learning institution in Canada. The PGWP length depends on the length of the completed program.